SHAMSUDEEN Vs. JAYAKUMAR

JUDGEMENT

(1.) This appeal has been filed by the claimant in OP(MV) No.491 of 2011 on the file of the Motor Accidents Claims Tribunal, Kollam. The respondents herein are the respondents before the Tribunal.

(2.) According to the appellant, on 29/7/2010 at 05.30 p.m., while he was standing on the eastern side of Pathanamthitta-Kaipattoor public road at Mamoodu Junction, an autorickshaw bearing registration No.KL-26/A-3329 driven by the second respondent in a rash and negligent manner, hit on the claimant and as a result, he sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of Rs.2,50,000.00.

(3.) The first, second and the third respondents are the owner, the driver and the insurer of the offending vehicle respectively before the tribunal. Though notice was served on the respondents, the second respondent remained absent and set ex parte. The first respondent filed a written statement denying the negligence on the part of the second respondent. The third respondent insurer filed a written statement admitting the insurance policy, but contending that the second respondent had no valid driving licence at the time of accident. Before the Tribunal, Exts.A1 to A9 documents were marked on the side of the appellant. No oral or documentary evidence was marked on the side of the respondents. PW1 was examined. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.1,37,400.00, which was rounded to Rs.1,38,000.00 as compensation under different heads with interest @ 7.5% per annum from the date of petition till realization. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.